Sibghat Ullah Khan, J. - (1.) -Heard Sri A.R. Singh, learned counsel for the tenant applicant and Apurva Hajela, learned counsel for landlords respondents.
(2.) This revision under Section 25, Provincial Small Causes Court Act is directed against order dated 11.11.2011 passed by J.S.C.C./ VII A.D.J., Kanpur Nagar in S.C.C. Suit No. 59 of 2010, Sri Lajpat Rai Sethi and others v. Smt. Kamta Malhotra . The suit has been filed by the landlord for eviction of the tenant. Property in dispute is a shop, which was allotted to the husband of the tenant applicant. Rate of rent is Rs. 265/- per month. Through the impugned order application of the tenant applicant seeking permission for depositing the rent under Order 15, Rule 5 , Civil Procedure Code and condonation of delay has been rejected. The only ground taken in the application explaining the delay was that the previous counsel of the tenant did not advise her to deposit the rent hence it could not be deposited. Relevant dates are given below: (i) 09.06.2010 - suit filed (ii) 11.07.2010 - defendant tenant appeared through advocate by filing vakalatnama (iii) 01.11.2010 - written statement filed (iv) 20.01.2011 - plaintiff adduced his examination-in-chief on affidavit (v) 22.03.2011 - points for decision framed and 01.04.2011 fixed for cross-examination of the plaintiff (vi) 18.04.2011 - tenant defendant filed application along with tender for depositing the rent.
(3.) Application for getting the tender passed was filed on 31.10.2011, which was accompanied by affidavit, copy of which is Annexure-4 to the affidavit filed in support of the stay application in this revision. Another application was given on the same date i.e. 31.10.2011 supported by affidavit for condoning the delay copy of which is Annexure-5 to the affidavit. From 18.04.2011 till 31.10.2011 i.e. six and a half months, tenant did not take any steps to get the tender passed which was submitted on 18.04.2011 along with application 41-ga-2.;